Delhi

North East

CC/128/2016

Ravi and Sonu - Complainant(s)

Versus

Tarun Tour & Travels & tarun Taxi Stand - Opp.Party(s)

15 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.128/16

 

In the matter of:

 

		Ravi @ Sonu S/o Shri Gandharv Singh R/o D-19/8, Main Road, 3rd Pusta, Vijay Colony, Usman Pur, Delhi.		Complainant
		Versus
		Tarun Tour & Travels & Tarun Taxi Stand Through its Proprietor/Partner, Authorized Signatory/ Authorized Representative, G-210, Street No.1, Jagjeet Nagar,                  Delhi-110053.		Opposite Party
			DATE OF INSTITUTION:		18.05.2016
			JUDGEMENT RESERVED ON :		14.09.2017
			DATE OF DECISION      :		15.09.2017

 

N.K.Sharma, President:-

Ms.Harpreet Kaur Charya, Member:-

Order by Ms. Harpreet Kaur Charya

ORDER

1. Present complaint has been filed by Sh. Ravi @ Sonu, the complainant against Tarun Tour & Travels – the OP, with allegations of deficiency in services there by praying for refund of Rs. 2,000/- given to OP as advance payment,                       Rs. 50,000/- as compensation, Rs. 8,000/- as expenses incurred for arranging alternate car/ Phat Phat Seva and Rs. 22,000/- litigation expenses.

Briefly stated facts are that on 28.04.2016, in the morning the complainant booked a Bus and one Car with OP for Rs. 2,100/- and 4,000/- respectively for taking the Barat of the complainant from his residence to the venue at Ambika Palace at Bhajanpura, Delhi. For this the complainant paid Rs. 2,000/- as advance and the balance of Rs. 4,100/- was to be paid after reaching the destination. OP issued receipt dated 28.04.2016, bearing No. 131 against the booking. It is stated that OP did not send the bus & car booked despite of advance payment received by them due to which the complainant was forced to take services of Phat Phat Seva to reach the venue. On next day the complainant alongwith his father requested the OP to refund the advance payment, where they were insulted and humiliated by OP. It has been stated in complaint that due to the act/omission of OP, the complainant was put into awkward situation thereby damaging the reputation of the complainant before his relatives. Copy of wedding card, receipt No. 131  dated 28.04.2016 issued by OP, booking receipt of band engaged for barat and visiting card of Tarun Pandit properties have been annexed with the complaint.

2. OP did not put appearance despite service, hence they were proceeded           Ex-parte on 25.10.2016.
3. Complainant in his Ex-parte evidence has reiterated the averments made in the complaint and has got exhibited as copy of election I card of the complainant as EX-CW1/1, photo copy of marriage and invitation card as             EX- CW1/2, and CW1/3 respectively, receipt issued by OP as Ex-CW1/4, booking slip of band as EX-CW1/5, visiting card of OP as Ex-CW1/6.   
4. We have heard the counsel for the complainant and have perused the material placed on record. The complainant has placed the receipt marked as Ex-CW1/4 which shows that the complainant has paid Rs. 2,000/- as advance payment for booking bus & car, so he has been successful in proving that he had made booking with the OP. As OP did not appear despite service the averments made in the complaint have remained unrebutted. Hence, we hold that OP was deficient in providing services to the complainant.

Therefore, we direct OP to refund Rs. 2,000/- alongwith 9% interest from 28.04.2016 till realization. We also award compensation of Rs. 10,000/- as OP failed to deliver the services and it is not expected that the groom and his relatives on his special day are made to travel by Phat Phat Seva to reach the wedding venue. OP has put the complainant in embarrassing and awkward situation thereby causing mental agony and harassment. The compensation shall include litigation expenses also.      

5. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
6. File be consigned to record room.

(Announced on 15.09.2017)   

 

(N.K. Sharma) President

(Harpreet Kaur Charya)             Member